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Thread: Sale of Goods Act Question.

  1. #1
    Regular Member Das's Avatar
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    Question Sale of Goods Act Question.

    A mate of mines Samsung Tv has packet up after only 13 months, which he bought from Tesco. He has contacted Samsung quoting EU Directive 1999/44/EC which covers all goods sold in the EU with a 24 month warranty and not a 12 month one. They have emailed him back stating that the UK opted out of this directive and that as he bought it from Tesco it has nothing to do with Samsung anyway. Personally I think they are just trying to string him along with BS. I cant believe that they are telling him that its nothing do do with them, they manufactured the TV, not Tesco. I know this is BS as I have a Samsung LCD TV that was bought from Currys and when the screen went on that I contacted Samsung and they arranged for the TV to be inspected and repaired, Currys had nothing to do with the TV being repaired. He has also contacted Tesco and they have actually offered him a £200 refund. I can also find no information on the UK opting out of EU Directive 1999/44/EC. I have suggested to him he contacts the CAB but any relevant information would be welcomed.

    Email from Samsung Below.


    Dear Ian,

    Thank you for contacting Samsung and I have pleasure in providing the following assistance.

    I'm sorry to hear about the trouble you have had with your TV and can understand the inconvenience this may have caused.

    Although we are obviously in the EU, we (The UK and Not Samsung) decided NOT to opt into the 2 year manufacturing warranty idea-it is only 12 months offered in the UK.

    Further to that you never had any guarantee with Samsung-Tesco bought it out.

    All we can offer you is your nearest Samsung approved service centre to enquire about a repair-as you do not have a warranty with us you will be charged for any inspection/repairs.

    I have included your nearest service centre below for you:

  2. #2
    Regular Member Bigglesfliesundone's Avatar
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    Courtesy of Which?
    Understanding the Sale of Goods Act Your rights

    Top tips

    • Your claim is against the retailer who sold you a faulty item, not the manufacturer.
    • If you want to reject something and get your money back, you must act quickly – normally within a few weeks.
    • If you paid by credit card, you may be able to enforce your Sale of Goods Act rights against your credit card company as well as the retailer.


    When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:
    • 'as described',
    • 'of satisfactory quality', and
    • 'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).
    Goods sold must also match any sample you were shown in-store, or any description in a brochure.
    Retailer or manufacturer

    In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim against the retailer. However, if you have bought something on hire purchase (HP), it is the HP company that is responsible.
    If you think you have a claim under the Sale of Goods Act for one of the reasons above, you have several possible remedies, depending on the circumstances and on what you want done.
    If you want to get your money back

    If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.
    If you want to get a faulty item replaced or repaired

    You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
    Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:
    • reduction on the purchase price, or
    • your money back, minus an amount for the usage you've had of the goods (called 'recision').
    If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.
    You have six years to get a claim in to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
    What you need to do to prove your claim

    If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.
    Six months...and counting

    If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
    So you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.


  3. #3
    Regular Member Bigglesfliesundone's Avatar
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    Double Post
    Last edited by Bigglesfliesundone; 23rd February 2012 at 13:44.

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    Regular Member Bigglesfliesundone's Avatar
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    Courtesy of Wiki:

    Satisfactory quality, s 14(2)[11] The quality of the goods sold must be satisfactory (prior to 1994, this provision required 'merchantable' quality; this requirement has been retained in most Commonwealth versions of the Act). The [ame="http://en.wikipedia.org/wiki/Act_of_Parliament"]Act of Parliament - Wikipedia, the free encyclopedia[/ame] provides an objective test to determine satisfactory quality; the standard that a reasonable person would regard as satisfactory, taking into account the price, description and any other relevant factors.[12] The courts have identified certain factors that may raise or lower the expectation of satisfaction. Second hand goods, per Bernstien v. Pamson Motors Ltd.,[13] will attract a lower expectation. On the other hand goods of a reputable brand may attract a higher expectation, the judge in Bernstien used the example of a small ping on a Rolls-Royce being unsatisfactory. 'Other relevant factors' may include advertising in the case of consumer contracts.[14]

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    Ex Vec-C Admin Stevel's Avatar
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    See this thread.

    http://vectra-c.com/forum/showthread...hlight=samsung

    Everything changed when we contacted Samsung themselves rather than customer services.

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    Hence why I purchase any and all such items with a Credit Card (furthermore the one I have includes electrical items up to 5 years old)

    I do agree though, once the first 6 months is up the retailer usually advises you contact the manufacturer
    That is very poor customer service from Samsung

    I had a similar issue with my LG, but they agreed there was a fault and offered a replacement (to which I received a new receipt)
    Sadly that replacement was also faulty
    However as that was under 4 months old the retailer replaced it with a TV of similar specification by a different manufacturer

    Personally, if Tesco have offered a refund (depending on how much the £200 proportion is to the original purchase price) I would take it

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